Best of the Program ｜ Guests： Sen. Mike Lee & Edwin Black ｜ 12⧸2⧸21
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Summary
Today we go through all the details of what's happening in the Supreme Court regarding Roe v Wade and what it means for the future of abortion in America if it's overturned. We talk to the leading authority on the matter, Supreme Court Justice Mike Lee.
Transcript
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really important show today we go through all the details of what's happening in the supreme court
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and i think we talked to the only guy that both stew and i would say really is probably the leading
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authority on what this uh supreme court is going to do and it's a pretty stunning 20 minutes with
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mike lee yeah it really is and there's a little hope there i mean yeah i more hope than than i
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i've had in a long time right that's for sure and there's a lot of facts in today's podcast that
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you're going to hear about what the ruling will really mean because it's all going to be twisted
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um yes roe versus wade could be overturned but what does that really mean to the average person
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and what happens after and i think i lay out a pretty good case for what america will begin to
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look like soon if the supreme court does overthrow roe versus wade that uh and edwin black who is one
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of my favorite people in the world uh talking about the seven steps of the holocaust and we just touched
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on the things that have happened here recently we are moving at light speed in the wrong direction
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oh and one other a woman who is facing over two years in prison because she opened her restaurant
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in minnesota the second time the governor put his uh quarantine law in and you won't believe this
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story her case goes to a jury on monday help her out all this and more on the podcast and give us a
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so thinking about thinking ahead for a little bit and i am not getting ahead of myself on this i do not
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believe uh that this is a sure thing that roe versus wade is going to get overturned or anything
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like the media is presenting it but let's just say it does for a second let's just go down that road
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it's supposed to come out in like july 2022 a few months before the midterm election yes how does
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something like that affect politics well first can we start with what does it mean to overturn roe versus
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wade because i think that if this truth gets out it changes that question it's true i mean i we can
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overstate the importance of this frankly even as conservatives yes uh you know for example the
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mississippi law limits abortion to 15 weeks by the way written by a female nurse uh not so for all the
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idea of like oh well these men keep trying to tell me about my body yeah female nurse wrote the bill
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okay so just zip it um i'm so sick of this crap uh but but if you look at the 15 week bill let's just
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say that was approved and mississippi went to a 15 week plan you can have abortions up till 15 weeks
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that would still allow about 95 percent of abortions correct okay however i believe mississippi is one of
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those that have already on the books like texas does if roe versus wade is ever overturned yeah so
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it's automatically a no abortion state let me take this step by step though what they're actually
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talking about is this mississippi law that limits it to 15 weeks about 95 percent of abortions happen
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before 15 weeks anyway okay so and you have to believe there's about four percent more that happened
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between 16 and 20 weeks and my guess is there's a they move those up a few weeks right you're most of
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the people that would normally have the abortion between 16 and 20 weeks have it a little earlier
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before 15 weeks in this situation that would bring you to about 99 percent of abortions and then you're
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at a situation where there's still opportunity if you want to go past that to go to different states
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go to california so what would this actually do how many abortions would it actually prevent
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would it turn us into the handmaid's tale and have a gilead government cracking down on us so that
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women have no choice whatsoever and all these rights are taken away no unfortunately by the way
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it would still result in pretty much everybody that wants to have an abortion having an abortion
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if roe versus wade were to get overturned completely however as you point out many states red states
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have triggers in their constitution blue states have the opposite triggers which automatically would
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make abortion illegal in their state various ways to do this but basically if that if that ruling comes
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down in a bunch of states you just have it be illegal uh to have an abortion and in states like
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california for example it would automatically become legal so right off the bat uh you wouldn't have
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you'd have a bunch of different changes in the law but there would be states where it would be
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illegal there's a a pro-abortion group that came out with a map that said here's what's going to
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happen and they i think this is uh optimistic from our point of view said about 26 states would get rid
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of it i think that's probably too high but it's you know it's probably at least 20 states that would do
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it but i'm taking their map because they're a pro uh choice organization and they want they see this
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as a violation of rights so what is the most arduous thing that could happen to a woman who wanted to
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have an abortion what is the worst case scenario how far would you have to drive to get an abortion
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in the united states the absolute farthest distance would be basically from southern florida
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to north carolina which is about a 12-hour drive now i've that's not nothing right it's probably a lot
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harder than it is today what if you can't drive you're a woman and you can't drive then you could
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fly in two hours what if you don't have any legs to be able to you know get to the airport then i
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guarantee you there will be a pro-choice organization that will transport you across the borders and no
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hands so you can't answer the phone you hopefully you have an alexa nearby and you can take the phone
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call that what if you're so poor and you live in a place where the internets are all so slow
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see this is these are the people you're not thinking of that is definitely not the person
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i'm thinking of uh but yes there would certainly be a way there but my point though is that a two
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hour flight which by the way costs less than the actual abortion would be an option for you to fly
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into one of these states or you would have to take a you'd have to drive one one day have the
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operation maybe stay over in a hotel and come back after that it's not nothing but is it honestly
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honestly do we actually claim that this is some massive violation even if you believe abortion is a
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is a i know but it's not honest is what i'm saying no i know that if if even if you believe abortion
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is a fundamental human right which is completely against all history and common sense but if you
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do believe that what you would have to do is invest a day or two in traveling to get one and i guarantee
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you all of these organizations that say it's a human right and what your donations are going to
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accept donations from rich liberals all around the country to transport these women to these places
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to do this and they will just like uh you realize when you have um different tax laws on tobacco
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there will be abortion huts popping up right on the border of all of these states to serve all of these
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people i think that's a terrible outcome but we have to recognize that it's real what else is real
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is there are organizations that already exist overseas that will mail you abortion pills if you live in
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an area where they believe abortion is too restrictive the rules against it are too restrictive
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so it is going to be basically impossible to eliminate this horror show by law the only solution
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to this long term and this does not mean that we we still go through this court process we still make
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it illegal everywhere we can we do everything we can to save even one life because that's really
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important but the only way to make this horror show to go away in in a real in a real long-term
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fashion is to win the hearts and minds of people to realize how terrible this is if you made slavery
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legal tomorrow no one would be getting slaves because everyone recognizes that slavery is terrible
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right you have to win people over on this you have to persuade them over a long period of time i believe
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honestly that that will happen i do believe eventually this country and this world will
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eventually see this process for what it is so it's going to take a long time all right so that is why
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our that's why planned parenthood is in our schools right now they're in our schools right now this is why
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this is all being jammed down their throats because they believe you have to win the hearts and minds
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of uh of kids and the next generation and they are doing that effectively now your original
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question to me was what does this mean politically yeah what is this how does this affect the 2022
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election because i will say that i i think it could honestly cost republicans the election fine
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i think that's where i am too yeah you know you want to say if that's the cost of getting rid of
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roe versus wade then that's the cost of getting rid of roe versus wade okay here's the thing here's
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what's going to happen if it was overturned um and again we're looking at july the media is going to
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hype this as if it's a loss already for the left they'll be doing that now until the court comes
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out they are going to be saying uh you know we're going to be living um you know the handmaiden's
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tale it's coming it's coming it's coming just to juice the left up that's what's going to happen now
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uh and it already is if it does turn out that they don't take any half measures which i don't know
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i can't find them in the court case yesterday at least um they're going to have to decide it either
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stands uh minnesota the viability thing is either is either good or we're going to stick to roe versus
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wade uh one or the other um and it will have abortion huts on all of the borders of states that
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don't do abortion it's a horrible outcome you're going to see the biggest thing is a bigger divide
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in america and this is why i said okay if it costs 2022
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i know this is uh dangerous to say because we can't afford to lose 2022 but this is a soul thing
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if we are on the side of saving children and we are these are babies these are children this is the
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second leading cause of death in america abortion it's between heart disease and the third is cancer
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abortion is number two think of the souls and the blood that is on all of our hands so if we lose
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fine so be it that may be the sacrifice that we give up and say lord can you help protect us again
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please because we may lose we really need some divine providence to happen here and i would rather trust
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god than the voting machines quite honestly and i'd rather position myself on his side and the side
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of history you just have to know we are on the right side of history science is going to continue
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to move that line of viability back further and further and further people are going to see
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in the end what a monstrosity this really is i believe truly that in a hundred years
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we are going to be looked back on as barbarians we they are you they really just killed all their
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children it was the second leading cause of death and people didn't even talk about it we are going
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to be looked at as barbarians so what's going to happen you're going to have a deeper divide
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and you're going to see the death cult get stronger they are because you know and i know
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that when it says 15 weeks if they decide that the mississippi law stands that means that you can now
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have states decide we're not doing abortion or we are everyone knows that mississippi is not going
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to say 15 weeks if they're really free they're going to say no abortion texas no abortion and there's
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several states that will say no abortion they're not going to say in the blue states oh abortion as it
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is they too have an agenda they want abortions after birth so you're going to see states that go
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further in the other direction you're going to see evil increase in those states guarantee it
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guarantee it they've already told you that's what they want let the baby be born and then the mother
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has a time period where she can decide whether she wants to keep it or not they've already said that in
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virginia and in new york so i personally like to know what i'm dealing with and i believe that we
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are not fighting flesh and bone we're not fighting our neighbors we're not fighting the democrats we're
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fighting evil evil has a chokehold on a lot of people right now and i'd rather have all of the people
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who aren't uh captivated by evil yet before they get sucked in because it's awfully seductive and easy
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i'd much rather have it exposed so the good people can remain good people and say yeah we're not part
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of that at all because look at the death cult this is they said that they were just standing up they're
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not they're now killing babies after birth get out of there this is the best of the glenbeck program
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oh my gosh we are dealing with so much insanity so much insanity and i'm telling you all we have to do
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is just live by the constitution and the bill of rights every argument you you have with people um
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you should you should be able to know i can talk to you or not just by asking this when they start
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they ask you something political they want to talk about political say hey listen i just want to know
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you know the ground rules here before we talk i want to know if we have enough in common
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um to be able to discuss things because if we don't have this in common
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then we're just going to argue and it i'd rather just be your friend and the question is do you
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agree with the bill of rights do you agree with the bill of rights because if you agree with the bill
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of rights so many of our problems leave the political realm and become very clear very common
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sense do you believe in the bill of rights that's why it's so dangerous when politicians say this isn't
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about your freedom yes it is because once you start cutting the corners of the bill of rights
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all freedoms are lost because it's a little here and a little there and a little here and then a little
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more over here and it's all gone and that's the point we're at let me give you an example
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should the government be able to close you down and drive you out of business without compensation
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and i mean real compensation i think the lawsuits against the federal government is you put my business
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out of business and you should pay for my business because you took it from me and you wouldn't let me
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open up and if if i tried to stay alive then you came in and you put all kinds of fines on me
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you even threatened me with jail time i'm going to give you a story that this woman all she did
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is she has a restaurant she tried to keep it open she faces criminal charges for staying open during
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covid 19 mandates her jury trial is coming up on monday she could go to prison this is insane
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hi glenn thank you so much for having me on your show i can't believe i mean most of us feel you know
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live in texas covid is not a thing anymore it just doesn't bother people down here anymore
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where are you tell me the story of what happened
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so i guess just if i can start off with this glenn um i just want to be very clear uh to your
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listening audience and this has been my message all along you know in the beginning when um all this
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took place uh this is never the the fight that i'm fighting has never been just about me and my
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company um if it had just been about me and my company i would have just closed my doors and
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walked away and figured out how to pay off the debt you know quietly and and gone off into the
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you know great blue yonder whatever but right this has been about the people of minnesota and really for
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the people of the united states of america i'm thinking here our children and our grandchildren
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so just to be clear that's what this is all about there's no way i would have fought this fight
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just for little old me so what happened glenn back in uh last year 2020 um you know the governor
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our governor governor waltz uh closed down bars and restaurants and some other small businesses the
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first part of the year they're early early in the year and uh i complied second shutdown and i and i
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didn't survive the the business somehow we kept our doors open we did everything we could do um you
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know as entrepreneurs we could try to figure it out um but i said i can't survive a second shutdown if
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he does this again which he did he shut us down a second time in november of 2020 told my husband i
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said i'm either uh shutting down permanently closing my doors forever or i am opening up fully because
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what he's doing what the state is doing against us is wrong so uh i guess it uh you know chose to
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open up fully um because that was the right thing to do and um it was the right thing to do for for our
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kids for our grandkids i have eight kids i have nine grandkids with three on the way and i'm thinking
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of them and future generations and everybody else's kids and grandkids right this is america so
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so they the once i opened back up fully uh stopped following the uh unlawful mandates uh that are not law
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um governor can't make laws uh the state comes after me hard and heavy and uh uh files criminal and
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civil charges against me and that's what i've been dealing with and we're going on almost a year
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now it was december 16th last year when i opened my doors fully the day after i got a cease and desist
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from the state so and in minnesota i just want to make sure in minnesota the government the governor
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has no right to enact a law and no authority with the executive branch to enforce even the emergency
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orders is that right absolutely right he has no authority uh there's no authority the executive
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branch has no authority to enforce his executive orders he didn't even have he calls it a a uh
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act of nature which in in uh 2005 the legislation actually took away the power or the authority for
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governor to enact uh an act of nature uh emergency it was the emergency order yeah due to for emergency
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order right so instead he in his executive order he calls it excuse me not active nature i'm using the
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wrong terminology here he called it a uh act he called it an act of nature but in the next uh sentence uh
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in his executive order if you'll look at it um it is actually he refers to the federal government
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calling it a health emergency which so so which that the health emergency is what the legislature
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removed uh from the governor to be able to to be able to enact that sort of mandate so anyway
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we have so much corruption on every level not only is you know the the executive branch um i guess the
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best way to describe what's happening is that the judiciary is in lockstep with the executive branch
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in allowing the governor to usurp the limitations of power that are placed upon him by the state and
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federal constitutions so the judicial corruption involved are in my case cases involves a refusal to
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address the legal issues absolute refusal um that have answered if they were answered by a truly
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independent judiciary having the duty to protect the rights of the people uh from the usurpation of the
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power by by the legislative and executive branches it would destroy the power structure that now has
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the people serving the government contrary to the original original order of sovereignty of god man
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government that's really what we're dealing with your your problem in minnesota is you've got george
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soros uh affecting your judiciary and you also have keith ellison as your attorney general
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i mean you're in trouble up there those are those are two major problems aren't they yes they are
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they are yeah yeah so what we have as far as the the judiciary process here is uh you know i've had
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a very um i work with a great team national action task force um they've been uh you know helping me
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uh as i'm going through this and and i present as sui jurist or some people might want to say pro se
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um and and so i don't have a lawyer and the reason that i'm doing that and i think this is really
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important glenn what i've seen from other folks in the state of minnesota going through the same
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thing that i am where they defied the governor's suggestion to shut down um you know state comes
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after them they hire a lawyer what i'm seeing happening is they're losing their cases they're
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making plea deals with with the government and and i said that that's not going to do what we what we
00:24:18.540
are looking for is we're looking for a return of liberties and freedoms in the state of minnesota
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so and so the only way to be able to do that is to go into this uh court of law without an attorney
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because attorneys are so dang limited so i'm i just i you know i i've watched enough matlock and and
00:24:37.780
enough uh uh uh la law to know not having an attorney is usually frowned upon
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and especially in the state of minnesota they don't like it when you step outside of the uh the
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rules of their game and so they have tried to force me in fact in the civil case glenn i'll let you know
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this the civil case has actually been ruled upon by a by a judge and um he he ruled he would not allow
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me listen to this i'm a single shareholder i own my company i'm the only shareholder
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he would not allow me to represent my company that was being sued by the state although even though
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the statutes the minnesota statutes clearly allow a single shareholder to represent their company
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he would not allow it and so therefore i was not allowed in the courtroom um and therefore i have
00:25:37.860
what that's an eighteen thousand dollar fine or a sanctioned against me uh because i supposedly lost
00:25:43.560
that case because he would not allow me he wouldn't follow the law and allow me to uh represent my
00:25:48.760
company i uh this is insane what's going on you're looking at what almost three years in jail right
00:25:59.520
right uh-huh it's a real possibility 810 days how i say 800 and 10 days yeah up to nine thousand
00:26:09.480
dollars in fines um so so pre-trial happened last week uh the day before thanksgiving we went into
00:26:16.760
pre-trial it was probably i was told it was the longest one of the longest pre-trials or maybe the
00:26:20.560
longest pre-trial in the history of one of the uh deputies that was there uh uh uh watching over the
00:26:26.720
case and uh there's almost a three-hour pre-trial the reason it was so long is because there are so
00:26:33.280
many legal constitutional statutory legal issues on the record and i went point by point by point with
00:26:39.060
the judge now in a pre-trial according to statute uh the judge is required to hear and to make
00:26:45.580
determinations correct at that pre-trial correct no determination was made zero determinations were
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made now i'm going into pre-trial on monday december 6th with with no sorry not pre-trial
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jury trial i'm going into jury trial on monday december 6th i have no determinant no determinations
00:27:05.660
have been been made no rulings have been made no answers have been given to me on all my uh legal
00:27:11.740
issues and i did send you that document um i know it's a lot to go through but it's really interesting
00:27:17.200
to see how this is all playing out it's as if there's no rule of law anymore the judge should
00:27:22.880
have and you know what glenn i still have no today is thursday a week later i still have no determination
00:27:29.620
from the judge on so how are you supposed to be i mean is a judge just going to tell you oh yeah you
00:27:35.440
can't bring that up you can't do that during the trial what i wouldn't be surprised i won't be
00:27:42.740
surprised and i will stand on my constitutional and common law rights i will absolutely stand on the
00:27:48.320
on what is what is is given to us as as the people um i'm going to hold his his feet to the fire
00:27:55.500
and and he's he's he's got to do one of two things he's got to allow me to present
00:28:00.300
my defense i i have the right to defend myself so let me let me ask you is there is is there video
00:28:08.620
allowed in this trial i mean do they have a a camera that you can get public access for
00:28:15.520
well well if i understand you correctly um um no there's no video no audio allowed
00:28:22.100
in this public trial mind you find out find out about that because i i would love to i'd love to have
00:28:28.860
some attorneys uh watch this uh this should be this should be seen um uh if not i'd like to know
00:28:37.300
somebody who is a a real journalist that is on the freedom side that could actually go to the court
00:28:43.220
or maybe maybe there's somebody in our audience that is a very good attorney that could go sit in
00:28:48.020
the court and give us a blow by blow on what's happening um in your case i've got to run but i do
00:28:54.800
want to say this she has set up a go fund me uh page her goal is to raise thirty thousand dollars
00:29:00.840
as of uh wednesday afternoon that was yesterday twelve thousand dollars have been raised uh what
00:29:08.680
is the what is the go fund me page it's go fund me slash we the people together and that's a hyphen
00:29:17.480
in between we hyphen the hyphen people hyphen together we the people together gofundme.com
00:29:24.940
thank you so much lisa we will follow up on this and let you know what is going on and if there's
00:29:30.740
anything we can do to help you let us know again gofundme.com slash we the people
00:29:42.080
so there's an amicus brief that was filed uh mike lee ted cruz josh holly uh as a friend of the court
00:30:01.200
supporting this mississippi law we wanted to get mike lee's thoughts on uh what happened yesterday and
00:30:10.000
where the court may be headed hi mike hello good to be with you yeah good to have you so tell me i'm
00:30:17.680
i'm i can't wait to hear look there were really strong arguments made yesterday they made it a great
00:30:27.780
case against roe and against casey at the end of the day as i pointed out in the front of the court
00:30:35.520
brief that i submitted along with senators holly and cruz there isn't a constitutional case
00:30:43.160
to be made for roe and casey nor is there a case for applying stare decisis deferring to the court's
00:30:50.960
own prior precedent here because that precedent is proven so unworkable shoot the lower courts
00:30:56.820
let alone the supreme court itself can't even agree on what roe and casey mean and what its outer
00:31:03.380
bound limits are and for that very reason it it can't stand but there's a reason for that when you
00:31:11.360
make something up out of whole cloth when it has no foundation at all in the constitution or in 500
00:31:17.400
years of anglo-american jurisprudence things are going to get really messed up and that's exactly what
00:31:24.080
has happened i think yesterday a compelling case was made for the fact that roe and casey will be
00:31:30.180
overruled and that the mississippi law will be upheld so in your conclusion on this amicus brief
00:31:35.820
you say the status quo is unattainable where legal doctrine has repeatedly failed to offer clarity
00:31:43.120
where it is proved unworkable in the past and will likely engender unpredictable consequences in the
00:31:49.020
future its existence constitutes an open invitation to judges to interpret it according to their own policy
00:31:55.400
preferences usurping the constitutional prerogatives of the legislature um that actually i think is
00:32:03.600
the the other side feels kind of the same way that you can't have you you cannot um have a halfway measure
00:32:14.340
here it's either all in or all out yeah i i think i think that's right and i think the answer has to be
00:32:23.560
all in the reason glenn is this is a legislative determination it is not a judicial one it's not
00:32:30.260
rooted in the constitution and to be very very clear i it's important to to to remind ourselves
00:32:36.720
that overturning roe and casey does not mean that abortion would all of a sudden automatically be
00:32:45.020
unlawful uh throughout the united states of america doesn't make it illegal doesn't make it criminal
00:32:51.440
it simply says people can decide these things through their elected lawmakers and the folks in
00:32:58.240
mississippi have decided that they want to protect unborn human life after 15 weeks of development
00:33:03.500
after the baby has developed eyelids and fingers and toes and the baby can suck her thumb other states
00:33:10.660
might decide to do differently i suspect that the abortion laws in massachusetts and new york
00:33:17.260
post overturning of roe and casey would look different from those in mississippi or utah i think
00:33:23.660
mike i think they're going to that's what we live in that's our government i think that we are looking
00:33:28.100
at the you know because we're not going to limit it to 15 weeks if this is overturned
00:33:34.360
texas and mississippi they're going to say no no abortion here but you're going to see the opposite
00:33:39.840
in california and massachusetts and and new york you're going to see yeah well maybe i can kill
00:33:46.480
them after they're after they're born because that's really where they're going it's a death cult
00:33:50.560
and that's really where they're headed that's what they want and uh i think you're going to see
00:33:56.460
i think you're going to see some real um crazy uh but eye-opening decisions in states
00:34:04.740
if this is overturned would you agree with that yes i i think that's absolutely right
00:34:11.200
that's that's how the constitution works people are allowed to enact foolish crazy ridiculous laws
00:34:20.540
in their respective states uh not every bad idea is unconstitutional and no matter how bad their laws
00:34:29.800
get in this area it doesn't mean that they can't do it our constitutional structure is set up in such
00:34:36.220
a way as to allow people to enact the laws that they deem appropriate so subject to certain limitations
00:34:42.160
imposed on the states by the constitution as long as you don't transgress one of those
00:34:45.660
and an abortion isn't on the list of things that states can't do in the constitution then you're okay
00:34:52.060
so when you had i think it was kagan yesterday that said um you know there's lots of things
00:35:00.420
no sotomayor there's a lot of things that are not in the constitution i actually cheered for that
00:35:07.120
because they were going for what what specifically what right in the constitution is being violated
00:35:13.560
and they couldn't really come up with one there was they asked several times what is it that you're
00:35:19.740
saying is constitutionally protected here um and sotomayor came out and said well there's lots of
00:35:26.160
things that aren't in the constitution well yes doesn't that make the case for mississippi that it goes
00:35:33.920
back according to the 10th amendment to the people and the states yes that is absolutely what it says
00:35:44.220
by the way speaking of justice sotomayor i thought she was very tone deaf on this and so many issues
00:35:51.720
one low light of the entire conversation was when justice sotomayor very offensively stated that a
00:35:58.300
baby's reaction to painful stimuli in the womb does not necessarily indicate that the child in fact feels
00:36:05.380
pain and she referenced people in vegetative states that have some muscle movement to painful
00:36:12.720
stimulus what the heck is that supposed to mean hang on just a second let me play that cut
00:36:17.540
they're not people cut 18 from sotomayor here here's what he's talking about the literature is
00:36:22.900
filled with episodes of people who are completely and utterly dangered responding to stimuli
00:36:30.400
um it there's about 40 percent of dead people who if you touch their feet the foot will recoil
00:36:40.720
there are spontaneous acts by dead brain people so i don't think that a response
00:36:50.260
to uh by a fetus necessarily proves that there's a sensation of pain or that there's consciousness
00:37:01.160
well what what position a the the science will show that's not true follow the science i hate to say
00:37:08.100
that um the science will show that's not true but what in her judicial role mike gives her thought
00:37:15.880
that maybe that's a good constitutional point to throw out there i i almost hesitate to answer the
00:37:25.140
question because it's so gruesome but i think she somehow thinks that unless a person is able to
00:37:32.740
communicate with the world if they are in a vegetative state or if they are as she put it
00:37:38.460
dead brain people i don't know what a dead brain person is i assume she meant brain dead people
00:37:44.920
uh that that that they're not human life see that's that's the essence of what we're dealing with here
00:37:50.820
we're dealing with human beings who are deemed less than human glenn bad things happen in any
00:37:59.120
civilization bad things have happened in our civilization whenever we have allowed societies
00:38:04.500
to treat some people as not human that's exactly what's happening here and they've made it up out of
00:38:11.080
whole cloth look we need to get back to the constitution here and we need to allow elected lawmakers
00:38:18.980
to make laws not nine lawyers dressed up in robes i will tell you this mike that i really believe i
00:38:25.860
read an article that said pretty much the same thing today um from the federalist uh that the response
00:38:35.100
will be in the end from the right mike lee that mike lee uh will be the next supreme court justice if this
00:38:44.900
fails um we are so fed up with with uh you know giving and well we're just going to trust and we didn't
00:38:54.240
really know for sure we want to know we want to know it's time to know do you believe that that is a
00:39:01.820
constitutionally protected right or not and if you say no uh it's not great if you say well i'm not sure
00:39:09.860
i wouldn't want to speak out about the goodbye it's time to know that our supreme court justices
00:39:17.580
understand the constitution and read it the same way as the people who are electing the president
00:39:27.540
it would be a novel concept for us to know that it's especially important when you live in an era
00:39:36.840
in which judges have taken upon themselves the mantle of lawmakers i look forward to the day
00:39:43.020
when that's no longer the case but i want to be very clear this is that case this needs to happen
00:39:51.720
now in this case there isn't really going to be a better opportunity than this case if they try to
00:39:59.400
find a middle ground on this one if they try to preserve rowan casey while upholding this law
00:40:04.780
it doesn't work why not going to work because we will be saddled with the same infirm foundation
00:40:11.780
that we've had for 48 years look uh there were 19 years that passed between when rowe was decided
00:40:19.120
in 1973 and casey was decided in 1992 the time that was uh that that decision was rendered justice
00:40:27.240
kennedy proclaimed for the court oh okay the debate is finally over we're finally putting this to rest
00:40:32.380
19 years after row 29 years have now elapsed since casey to now it hasn't been put to rest
00:40:40.660
and it hasn't been because it's built on nothing and you can't take a debatable matter in society and
00:40:49.940
render it beyond debate while quoting the constitution unless what you're quoting from
00:40:55.320
the constitution actually supports what you say it does this isn't going away this case has to be
00:41:01.700
decided and that decision has to involve overturning rowe versus wade looking at their case on the other
00:41:07.460
side fairly from their perspective can you find anything in what they say that ties to the
00:41:16.520
constitution not the way you read it but the way they read it can you find because i couldn't find
00:41:21.820
it yesterday and i think that uh thomas and others were like where what are we talking about
00:41:27.940
can you find what they're saying is constitutionally protected no no you can't find it and and have they
00:41:38.500
articulated anything yeah yeah well if if they explain it now very rarely when you try to pin someone down
00:41:46.840
will they go through all the motions uh to explain it but if you did if you could for those who could go
00:41:52.880
through the analysis they couldn't do it without falling back on these really weird terms talking
00:42:01.340
about emanations collectively overlapping and forming penumbras going out from freestanding existing
00:42:09.700
constitutional protections that are themselves broad enough to cover privacy within the marital
00:42:16.760
bedroom extending to the killing of an unborn child those kinds of verbal gymnastics are what you have
00:42:24.080
to go through uh adding inference upon inference based on language that's not even in the constitution
00:42:30.460
that's how they got to the fifth amendment i think because i heard them quote the fifth amendment i'm
00:42:37.380
looking at it i'm like there's nothing in the fifth amendment that would even remotely cover abortion
00:42:42.740
is there okay so so they they would have been more likely referring to the due process clause
00:42:50.960
of the 14th amendment we're dealing with the state law here the 14th amendment's due process clause deals
00:42:56.760
with the states the fifth amendment's due process clause deals with congress with the federal government
00:43:02.100
and so they they believe that it's an outgrowth of due process therefore the 14th amendment's version of
00:43:08.900
of the due process clause and that due process when read in conjunction with other freestanding
00:43:15.040
uh protections in the bill of rights uh uh includes abortion because there are emanations from each of
00:43:23.760
those freestanding uh protections in those form penumbras of these shadowy things it makes no sense look
00:43:29.600
when when my when my twin boys james and john were in junior high i required them to read briswold
00:43:35.600
versus connecticut which was the predecessor case to roe versus way to put them in different parts
00:43:39.940
of the house i wanted them to read it and just see what they thought they could both recognize in
00:43:45.600
junior high that this was made up if this was like an insult to verbal gymnastics these were contortions
00:43:53.500
they were deceptions let me let me pretend i didn't know that acting as lawmakers let me pretend i
00:43:58.160
didn't know that case by heart what was the name of it again you had your son's read
00:44:03.400
what is it yes griswold versus griswold versus connecticut okay i'm sure this is discussed all
00:44:09.900
the time at the dinner table and oh yeah and my kids i had them read it you know but long before
00:44:14.440
york i had them read it in fourth grade but that's a different story um real quick guys i i've got to
00:44:18.560
go to a network break but mike how does this end do you think i believe it ends with the overturning of
00:44:26.400
roe versus way to i think there will likely be five votes possibly six to overturn roe and casey
00:44:33.480
the supreme court the nine justices alone no staff anyone else will meet tomorrow afternoon
00:44:40.480
in private to discuss the case the case will then be more or less decided we won't know what the
00:44:46.620
outcome is until likely late june wow so mike if you're a praying person i'd encourage you to pray
00:44:53.400
for the court between now and tomorrow thank you so much god bless you mike thanks
00:44:58.780
thank you senator mike lee uh from utah and i hope someday supreme court justice